| 1715. |
1 GEORGE I.
|
CHAP.
X.
and tried, &c.
again within
the Year,
who shall pay
for the Trial. |
to have them tried over again within the Year; if the Steelyards are
true,
such Person so refusing or compelling as aforesaid, shall pay for the new
Stamping;
but if not, the Owners of the Steelyards to pay for the same.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |
|
CHAP. XI.
|
Passed 3d
June 1715. |
An ACT against Embezzlement of Wills or Records within this
Province. Lib. LL. N° 4. fol.
132.
|
Preamble.
Persons embezzling,
impairing,
&c.
of any Will,
or Record, to
the Damage
of any Person's
Estate,
or Freehold,
forfeit all
their Goods
and Lands,
and shall also
be pillored,
nailed and
cropped. |
FORASMUCH as there is not any sufficient Remedy provided against
such as shall embezzle, alter or raze any Record of Deeds, for conveying
of Land within this Province, or any Will, or Records of
Wills, or other Deeds or Instruments, that shall any ways touch or concern
the Estate of Inheritance, or Freehold of any Person whatsoever; and for
that it is found necessary to make some Provision against such evil Practices;
II. Be it therefore
Enacted, by the King's most excellent Majesty, by and with the
Advice
and Consent of his Majesty's Governor, Council, and Assembly of this
Province, and the Authority of the same, That in case any Person whatsoever,
shall, at any Time hereafter, be legally convicted, by Confession or otherwise,
of wilfully or corruptly embezzling, impairing, razing or altering
any
Will or Record within this Province, whereby the Estate of inheritance,
or
Freehold of any person whatsoever, shall be defeated, injured, or any ways
altered, such Person so convict, shall forfeit all his Goods and Chattels,
Lands
and Tenements; the one Half to our Sovereign Lord the King, his Heirs
and Successors, for the Support of Government, the other half to the Party
grieved; and shall also be set in the Pillory for the Space of two Hours,
and
have both his Ears nailed thereto, and cut from off his Head.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
|
CHAP. XII.
|
Passed 3d
June 1715. |
An ACT for the speedy Recovery of small Debts, out of Court,
before a single Justice of the Peace. Lib.
LL. N° 4. fol. 133.
N.B. This Act was Repealed
by the temporary Law of 1753, ch. 13, since Expired; and
stands at present under a Repeal,
by a like temporary law of 1763, ch. 21.
|
Preamble.
In all Cases
wherein the
real Debt,
&c. doth not
exceed 400 lb
Tobacco, or
33 s. 4 d. in
Money, a
single Magistrate
may determine,
&c. |
FORASMUCH as it is requisite that there be some Remedy for the Recovery
of small Debts whereof the Courts of Judicature have no Jurisdiction.
II. Be it therefore
Enacted, by the King's most excellent Majesty, by and with the
Advice
and Consent of his Majesty's Governor, Council, and Assembly of this Province,
and the Authority of the same, That in all such Cases wherein the real
Debt or Damage doth not exceed Four Hundred Pounds of Tobacco, or
Thirty-three Shillings and Four-pence in Money, it shall and may be lawful
for any one Justice of the Peace, or each respective County wherein the
Debtor
doth reside, to try, hear and determine the matter of Controversy between
the Creditor and Debtor; and upon full hearing of the Allegations of both
parties, shall give Judgment accordingly; and, if Need be, charge the Constable
with the Body of the Debtor in Execution, who is hereby obliged and
impowered to carry the Person so committed to the Sheriff of the County,
together with a Certificate or Mittimus from such Justice, wherein shall
be
certified the Debt and Cost whereof such person shall be convict, by him
to be
safely kept, until Satisfaction, or other End thereof. Or otherwise
that such
Justice shall award Execution, on such his Judgment (directed to the Sheriff
of the County) by Warrant or Mittimus, in the Nature of a Capias ad
Satisfaciendum,
Fieri facias, or otherwise. |
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